2 Bruce T. Bishop is a member with Willcox & Savage, P.C., and is an active member of the firm s Product Liability/Toxic Torts and Environmental Litigation Practice Teams. Mr. Bishop has extensive experience in toxic tort and other environmental litigation, primarily in the asbestos personal injury and property damage area, dating from He is a member of the Federal Bar Association, Tidewater Chapter (President ), and is also a member of DRI, the Virginia Association of Defense Attorneys, the Virginia Bar Association, the International Association of Defense Counsel, the American Board of Trial Advocates, and the American Bar Association. Mr. Bishop also served on the faculty of the 1996 National Trial Academy in Boulder, Colorado, sponsored by the International Association of Defense Counsel. He has been listed in The Best Lawyers in America (Personal Injury Section) since In addition to the Bar of the Commonwealth of Virginia, Mr. Bishop is a member of the bars of the State of West Virginia and the Commonwealth of Pennsylvania. He received his B.A. from Old Dominion University in 1973 and his J.D. from The University of Virginia in 1976.

3 Defending Household, Building, and Neighborhood Exposure Cases with Tenuous Nonoccupational Exposure Histories: A Review of Medical and Scientific Literature Table of Contents I. Introduction...5 II. Traditional Household Exposure: Wives and Children of Asbestos Workers in Homes of Asbestos Workers...5 A. Household Exposures Causing Mesothelioma Are Usually in Wives or Children of Persons Who Worked Directly with Asbestos and Who Had Lengthy Exposures...6 B. Mesotheliomas in Children Are Not Asbestos-Related...12 C. A Significant Percentage of Mesothelioma Cases Have No Known Cause and Are Termed Idiopathic...13 D. The Lack of Pleural Plaques May Indicate That a Mesothelioma Is Not Asbestos-Related...18 E. Pleural Plaques Can Be Found in a Majority of Persons with Mesothelioma...18 F. To Attribute a Mesothelioma to Asbestos, the Household Member s Exposure Must Be Significant...19 G. Summary...20 III. Exposures in Buildings...20 A. Summary...23 IV. Neighborhood Exposures...23 A. Summary...32 V. Ambient Air/Background Exposures...33 A. Summary...35 VI. Special Approaches in Female Cases...35 A. Summary...38 VII. Genetic Predisposition...38 A. Summary...40 VIII. Fiber Counts and Types...40 A. Summary...45 IX. Legal...45 A. Household Exposure Cases Duty of Premises Owners/Employers to Household Members of Employees Duty of Manufacturer or Supplier of Asbestos-Containing Product...48 X. Exposures From Home Remodeling and Brake Work...48 A. Alternate Exposures...49 B. Alternate Exposure For Brake Mechanics...49 C. Alternate Exposure For Joint Compound...49 XI. Bibliography...51 Appendix Appendix Endnotes Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 3

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5 Defending Household, Building, and Neighborhood Exposure Cases with Tenuous Nonoccupational Exposure Histories: A Review of Medical and Scientific Literature I. Introduction Defendants continued to be besieged by thousands of asbestos cases, but the types of exposures claimed have changed considerably. There has been an increase in mesothelioma cases filed claiming nontraditional exposures in settings outside the workplace, including homes, schools, and neighborhoods. This presentation deals with such nonoccupational claims. Consider the following scenarios: Case A The wife of a shipyard electrician sues for asbestosis on the basis that she washed her husband s work clothes on a weekly basis for 20 years. Case B A male office worker, aged 35, develops a pleural mesothelioma and sues numerous asbestos manufacturers, claiming that his disease was caused by exposure to in-place asbestos in elemen tary and secondary schools he attended as a child. Case C A 38-year-old woman develops what appears to be peritoneal mesothelioma. She claims that her disease was caused by exposure to her grandfather, a mechanic at a boiler plant, during visits to her grandfather s home as an infant and primary school child. Case D A 52-year-old woman with no history of occupational exposure develops mesothelioma and files a claim based in part on exposure to asbestos from an asbestos manufacturing facility within one-half mile of her childhood residences. Case E A 43-year old woman diagnosed with peritoneal mesothelioma claims exposure to joint compound when a kitchen and bathroom in the house in which she grew up was remodeled in the mid-1970s when she was 7 years old. These are not slam dunk cases for plaintiffs counsel, in that they face a considerable challenge proving such remote exposures. However, these are all high profile cases. They tend to involve younger people, often with small children. In the case of mesotheliomas, they frequently undergo aggressive surgical, chemotherapeutic, and radiological treatments. These are emotional cases for juries. These cases, where appropriate, require use of every available medical and scientific method to clarify for the jury the lack of a link to asbestos exposure. This presentation will outline the medical and scientific literature available to construct a defense in such cases. II. Traditional Household Exposure: Wives and Children of Asbestos Workers in Homes of Asbestos Workers Mesothelioma is an extremely rare disease. There are approximately 3,000 cases diagnosed annually in the United States in a population of 260 million. By way of comparison, there are 160,000 lung cancer deaths in the U.S. each year. Mesothelioma, although rare, is seen in persons with nonoccupational exposures. Indeed, the very first report by J.C. Wagner et al associating pleural mesothelioma with crocidolite asbestos in South Africa included a number of individuals who never had direct occupational exposure to crocidolite fiber, but who either lived with persons who worked in asbestos mines, or who lived in the vicinity of the mines. Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 5

6 A. Household Exposures Causing Mesothelioma Are Usually in Wives or Children of Persons Who Worked Directly with Asbestos and Who Had Lengthy Exposures Selikoff s 1965 article, Relation Between Exposure to Asbestos and Mesothelioma in the New England J. of Medicine, 291(1965):583-84, offered examples of an individual with mesothelioma who denied ever having seen, used, or handled any asbestos product. Despite this, both asbestos bodies and fibers were found in his lung at autopsy. Another case involved an individual who had worked in a dry cleaning plant as a spotter. About the same time, Newhouse and Thompson in Britain published a study of 83 male and female patients with pleural and peritoneal mesothelioma. While many had been employed in occupations directly related to asbestos, nine had relatives who worked with asbestos. They found that: the most usual history was that of the wife who washed her husband s dungarees or work clothes. In one instance a relative said that the husband, a docker, came home white with asbestos every evening for three or four years and his wife brushed him down. (p. 264) Both male domestic exposures were boys of nine or ten years old when their sisters were working at an asbestos factory. One of the sisters, who worked as a spinner from 1925 to 1936, died of asbestosis in Her brother, who was exposed when she returned home with dust on her clothes and who never had any occupational expo sure himself, died of pleural mesothelioma in In 1965, Newhouse and Thompson were able to state, there seems little doubt that the risk of mesothelioma may arise from both occupational and domestic expo sures to asbestos. Newhouse and Thompson, Mesothelioma of Pleural and Peritoneum Following Exposure to Asbestos in the London Area, British J. of Indus. Medicine, 22(1965):261-66, at 266. Numerous reports began to enter the medical literature of wives developing mesothelioma after washing the asbestos-laden clothes of their husbands. See, for instance, Lillington et al Conjugal Malignant Mesothelioma in the New England Journal of Medicine in 1974 (where both husband and wife developed mesothelioma), and Anderson et al from Mt. Sinai whose report Household-Contact Asbestos Neoplastic Risk in the Annals of the New York Academy of Sciences in 1976 lists case reports up to that time. The Anderson et al article also reported on a clinical study of household contacts of asbestos workers to assess current health status, including chest x-rays and pulmonary function studies. Of the 326 household contacts, including wives, daughters, sisters, sons, brothers, mothers, fathers and cousins, 35% or 114 had some x-ray finding. Forty-two of the 114 only had pleural thickening. Since pleural thickening alone is not diagnostic of asbestos exposure, this finding in 42 persons may overstate the impact of asbestos in these household contacts. Nonetheless, this article demonstrates that house hold contacts of workers at a factory producing amosite asbestos products show asbestos-related pleural and parenchymal disease. In addition to the x-ray finding, two pleural mesothelioma deaths were identified: the daughter of a man who had worked with asbestos for more than 13 years, and the daughter of a man with five years of asbestos work at the plant. Both women had latency periods of more than 30 years. At the time of the writing of the article, there were also two living household members of amosite workers who were being treated for mesothelioma. Anderson, H.A., et al., Household-Contact Asbestos Neoplastic Risk, Annals of the N. Y. Academy of Sciences, 271(1976): A follow up report in 1979 by Anderson et al dealt with asbestosis among household contacts of amosite workers. Anderson, H.A., et al, Asbestosis Among Household Contacts of Asbestos Factory Workers, Annals of the N. Y. Academy of Sciences, 330(1979): Vianna and Polan s study of 52 females with malignant mesothelioma from New York showed a large number of husbands and fathers who had various types of asbestos exposure, including heat insulation workers, and a heat-electric wire worker. The authors concluded that the husband s occupation was clearly the most important risk factor. ( Nonoccupational Exposure to Asbestos and Malignant Mesothe lioma in Females, The Lancet, May 20,1978: ) 6 Asbestos Medicine November 2013

7 Epler et al reported on four cases of various asbestos-related diseases from household exposure. One wife of an asbestos worker developed a mesothelioma, and the other developed plaque calcifications and a benign asbestos pleural effusion, as well as subpleural parenchymal fibrosis. The wife with mesothelioma had brushed white dust from her husband s work clothes twice weekly for many years. The second wife had been married to a man who had worked in an asbestos product factory beginning in He developed severe asbestosis and died of a pleural mesothelioma in The wife s only contact with asbestos occurred while cleaning her hus band s work clothes, which were so laden with white powder that dusting had to be performed outside the house at certain times. The two male cases in this study were sons of a lagger and asbestos worker at a chemical plant who had also brought home asbestos sheets and fluff from the chemical plant; the father had a small business at home for repairing burned out mufflers with asbestos sheets. The sons had played in the material for many years. These household contacts were clearly intense, and in fact the childhood exposures described by the two male cases were more likely the equivalent of an occupational exposure. Both male cases demon strated calcified plaques on x-ray. Epler, G.R,. et al. Asbestos-Related Disease from Household Exposure, Respiration, 39(1980): In 1985, Kilburn et al reported a study entitled, Asbestos Disease and Family Contacts of Shipyard Workers, in the American Journal of Public Health, 75:615-17, in which they claimed that 11.3% of the wives of shipyard workers had asbestosis, 7.6% of the sons had asbestosis, and 2.1% of the daughters had asbestosis. This study is very misleading, however, because the term asbestosis was defined as an x-ray reading of a profusion of 1/0 or greater, or pleural findings (pleural thickening, plaques, or calcification). In actuality, the numbers of true asbestotics (by x-ray only) were three wives and one son. In contrast to the findings of Kilburn et al., a study by Sider, L. et al. of 17 wives of insulation workers did show pleural abnormalities in the form of pleural thickening, plaques, and calcifications, but there was no evi dence of parenchymal opacities or thoracic malignancies. Furthermore, pulmonary function tests revealed no significant functional impairment. The authors concluded that of all the factors in our survey, the presence of pleural plaques appears to be most dependent on the interval since the household contacts first exposure. In their study, the mean latency for development of plaques was 32.8 years, compared with 23.8 years for persons with occupational exposure. An interesting finding in this study was that three women had more severe radio graphic abnormalities than their husbands. However, each of the three women gave a family history of at least one household contact in addition to her husband (a brother, a father, and a father and son). These additional contacts may have contributed significantly to the household exposure of these three women. Sider, L., Holland, E.A., Davis, T.M., Jr., and Cugell, D.W., Changes on Radiographs of Wives of Workers Exposed to Asbestos, Radiology, 164(1987): Up until the late 1980s, most of the evidence for household exposure came from case reports and, to a lesser extent, epidemiological studies. However, with the development of fiber analysis techniques to determine the quantity of asbestos fiber in human lungs, determination of etiology in a specific mesothelioma case could be more precise. Huncharek et al reported a lung fiber burden of the wife of a shipyard machinist who had dis mantled boilers throughout his 34-year employment. She developed mesothelioma at age 76. The authors found that her lung asbestos fiber burden was similar to that seen in cases of mesothelioma associated with occupational exposure to asbestos by bystanders in the work setting. (Huncharek et al., Domestic Asbestos Exposure, Lung Fibre Burden, and Pleural Mesothelioma in a Housewife, British J. of Indus. Medicine, 46(1989): ) In the same year, in a letter to the editor, Li et al reported on the case of a 32-year-old woman who died of mesothelioma. In her case, cotton cloth sacks in which molded asbestos insulation had been wrapped were used by her parents to make diapers for her. The mother of this woman Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 7

8 had laundered the diapers and her hus band s work clothes, and she also died of mesothelioma at age 49. The father had been an insulator who died with asbestosis and cirrhosis of the liver at age 53. Thus, the daughter s contact with asbestos was not only through exposure to her father s clothing, but also to diapers made from the material surrounding the asbestos insulation, surely not a use intended by the manufacturer. Nonetheless, the exposure was clearly substantial in this family. Li, F.P., Dreyfuss, M.G., and Antman, K.H., Asbestos Contaminated Nappies and Familial Mesothelioma, The Lancet, Apr. 22, 1989: Another study by Kane et al. was published in 1989 focusing on malignant mesothelioma in young adults. Two of these individuals had occupational exposure, three have reported no asbestos exposure, and the remainder were exposed through their households. The two peritoneal mesotheliomas in the group had reported occupa tional exposure. Some of the occupational exposures were questionable, however, including one who had worked for a schoolteacher for 14 years in a building later cited for asbestos. The meaning of cited for asbestos is unclear, and there was no attempt to quantify the number of asbestos fibers in these patients lungs, calling into question the assumption of occupational exposure. Kane, M., Chahinian, A.P., and Holland, J.E, Mesothelioma and Young Adults Cancer, 65 (1990): A rather unique clustering of mesotheliomas in one family was reported by Danish researchers in the British Journal of Industrial Medicine in A father, mother, and son all died of mesothelioma between 1984 and The family produced in the basement of the home a special asbestos cement consisting of amosite, gypsum, and sand during the years 1944 to The basement had no ventilation and no protective equipment was used. The authors termed this a massive exposure, and justifiably so. One could certainly not term this a typical household exposure. Otte, K.E., Sigsgaard, T.I., and Kjaerulff, J., Malignant Mesothelioma: Clustering in a Family Producing Asbestos Cement in Their Home, British J. of Indus. Medicine, 47(1990): The first in-depth study which analyzed asbestos fiber content of lungs of persons exposed in the typical household setting was by Gibbs et al. Cases were chosen because the history of asbestos exposure was absent, indirect, or ill defined. Mineral content of the lungs were analyzed. The authors noted: Since exposure to asbestos may precede the appearance of malignant mesothelioma by several decades, the exposure history may be unreliable; equally, if the persons involved are influenced by considerations of compensation in particular cases, then exposure to asbestos maybe overestimated. The study pointed out that the mere assertion of exposure to asbestos may not be borne out by a scientific determination of asbestos content in lungs. Gibbs et al., Nonoccupational Malignant Mesotheliomas, in Nonoccupational Exposure to Mineral Fibers, IARC Science Publication, 90(1989): This study will be explored more fully in Section VIII. A brief summary of the literature on home contamination by asbestos may be found in Report to Congress on Workers Home Contamination Study Conducted under the Workers Family Protection Act (29 U.S.C. 671(a)), published in September 1995 by the Public Health Service, the CDC, and NIOSH (NIOSH Publication No ). A German study of six fatal pleural mesothelioma cases (five wives and one son of asbestos industry workers) detailed the exposure histories and latencies of each. Two of the husbands had developed asbestosis. In one case, the son regularly delivered a hot meal to his father at his work place between 1950 and The son s exposure, therefore, was intensified not only by exposure at home (his mother died also from mesothelioma), but by his exposure at the insulation mat manufacturing facility where his father was employed. 8 Asbestos Medicine November 2013

9 Schneider et al, Pleural Mesothelioma and Household Asbestos Exposure, Reviews on Envtl. Health, 11(1-2) (1996): After the 1990s, case reports, case series, continued to report mesotheliomas as a result of take home/ domestic exposure (Ampleford and Ohar, 2007, Bianchi, et al., 2001; Mirabelli, et al., 2008; Patel, 2008; Peretz, et al., 2009; Whitehouse, et al, 2008). More recently, a series of data from cancer registries have also been published (Rake, et al., 2009; Reid, et al., 2008). The consistent thread that runs through all of the studies published since Newhouse and Thompson in 1965 is that mesotheliomas from take-home exposure have been largely linked with occupations with high exposure to amphibole asbestos, including shipyard workers, miners, millers, asbestos cement factory workers, and insulators. A superb analysis of all of the take-home literature can be found in Donovan, McKinley, Cowan and Paustenbach, Evaluation of take-home (para-occupational exposure) to asbestos and disease: a review of the literature, Critical Reviews in Toxicology 42(9): (2012). With the gracious permission of the authors, Table 1 from the article which summarizes all of the studies reporting disease (primarily mesothelioma) from para-occupational exposure is included as Appendix 1. It should be emphasized that the opportunity for take-home exposures diminished greatly in the early 1970s in the United States with the advent of OSHA as well as the removal of asbestos from thermal insulation. The 1972 OSHA requirements required change rooms for industries in locations where exposures were in excess of the OSHA permissible exposure limit for asbestos: The employer shall provide two separate lockers or containers for each employee, so separated or isolated as to prevent contamination of the employee s street clothes from his work clothes. (OSHA, 1972, p ). As stated in the Donovan article supra, The standard also instructed the employer in the handling/ transport of contaminated clothing ( in sealed impermeable bags ) and in laundering practice shall be done so as to prevent the release of airborne asbestos fibers in excess of the exposure limits. (OSHA, 1972, p ). Id. at 706. A number of studies have calculated relative risk estimates for asbestos-related disease (principally mesothelioma) among individuals who have experienced take-home exposures to asbestos. Once again, the excellent review article by Donovan, et al., provides a very useful summary in table form, a copy of which is included below. Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 9

10 The follow-up of the cohorts of wives of Casale, Monferrato (Italy) asbestos-cement factory workers (where Crocidolite was used in addition to chrysotile in the production of asbestos cement pipe), found an increased risk of pleural mesothelioma among the workers children (odds ratio = 7.4; CI = ) (Magnani, et al, 2001). A meta-analysis of 8 mesothelioma studies (which included not only para-occupational but also environmental exposures) yielded a summary relative risk of 8.1(CI = ) for domestic exposure (Bourdes, et al, 2000). However, consistent with the fact that most household exposure mesothelioma cases have been the result of take-home exposure from individuals occupationally exposed to heavy amphibole asbestos, It is encouraging that the number of reports in recent years (Bianchi, et al, 2004; Miller, 2005; Ampleford and Ohar, 2007; Ferrant, et al 2007; Patel, et al, 2008) has seemingly decreased, which may be attributed to societal changes (i.e., the number of women who wash their husband s clothes has declined during the past 30 years). While there are more case reports detailing MM in women, due to their anecdotal nature, not all of them are reported here. It should be noted that the levels of indirect exposure where particularly high during the first half of the well before measures to reduce exposure and the risk that workers carried asbestos home were implemented in the workplace in the U.S. and Europe. Carbone, Dodson et al, Malignant Mesothelioma: Facts, Myths, and Hypotheses, J Cell Physiol., 227:44, 49(2012) Marchevsky, Harber, Crawford and Wick in their review article, Mesothelioma in Patients with Non- Occupational Asbestos Exposure An Evidence-Based Approach to Causation Assessment, Annals Diagnostic Pathology, 10: (2006) performed a systematic literature review yielding 1,028 cases of putative nonoccupational asbestos exposure and mesothelioma. According to the authors, only 287 of those reports had a defined single exposure to a household, building occupant, or neighborhood/community asbestos source. There was insufficient information to perform a meta-analysis. However, the available evidence was used to develop semi arbitrary evidence-based causation guidelines for the assessment of putative association between MM and NOAE (non-occupational asbestos exposure) at p In analyzing the household group, the 4 largest occupations of asbestos workers noted in the study were NOS (not otherwise specified) asbestos worker (61), asbestos product manufacturing (26), shipyard (27) and insulator (10). This was followed by cement worker (7) and pipefitter (6). Id. at 244. In identifying the type of asbestos noted in the studies, they found that 16 involved chrysotile only, 2 amosite only, 1 chrysotile only, 23 to mixed fiber types an 108 which were unspecified. Id. at 244. The authors emphasized the inadequacy of the information in most of the literature reviewed. This review shows that the literature supplies only limited and incomplete information on the possible association between MM and NOAE. As indicated in Table 3, most of the MMs reported in this context have been encompassed in small case series that frequently lacked control groups, details on asbestos exposure, asbestos fiber type(s), and other data needed to distinguish NOAE-related MM and idiopathic mesothelial neoplasms. Moreover, NOAE-associated MMs in epidemiological reports often were vaguely defined with regard to modes of pathologic diagnosis... Information on the duration of exposure, tumor latency, and fiber type(s) was represented in a minority of HOE and BOE (building occupant exposure), MM patients, but fiber type information was available in most of the NCE (neighborhood/community group) cases. Approximately 70% of the latter appeared to be associated with exposure to Crocidolite. Chrysotile-only asbestos exposure was reported in only 2 of 106 NCE patients. Only 13 cases of peritoneal MM were present among all of the citations in this review; those neoplasms are generally believed to be either idiopathic, or they are associated with extremely high tissue burdens of amphiboles. Id. at Asbestos Medicine November 2013

11 The authors also examined the Helsinki criteria and found that those criteria are much too general for use in assigning attribution of causation in individual cases of MM. Id. at 248 While there is no doubt that significant household exposure has been a cause of pleural plaques and mesothe lioma, the asbestos exposures reported in the medical literature are by and large quite high and cover long periods of time. The workers who brought home the fibers on their clothes were persons with very substantial exposures at work. These are not the exposures of persons with light bystander or building environment exposures. The best proof of this is found in fiber analyses of the lungs of persons with mesothelioma. (See Section VII.) When fiber counts demonstrate a fiber burden at background levels, the mesothelioma should be attributed to other causes or viewed as idiopathic. This is an especially likely finding in women, since the number of asbestos cases in women has stayed flat over the past few decades, and only about a quarter of mesotheliomas in women is thought to be asbestos-related. (See Section VI.) It should be emphasized that only a very small proportion of female mesotheliomas can be attributed to domestic asbestos exposure. For example, Spirtas (1994) estimated that 7.9% of female mesotheliomas are attributable to living with a cohabitant who was ever exposed to asbestos. Rake (2009) estimated that 16% of female cases of mesothelioma are attributable to living with a worker who held a job with a potential for significant asbestos exposure. While only a few studies have addressed the issue of lung cancer and take-home asbestos exposures, the study of the cohort of the wives of workers at an asbestos cement factory that utilized both Crocidolite and chrysotile asbestos did not detect a significantly increased incidence of lung cancer among the household contacts (12 observed versus 10.3 expected; SMR = 1.17; 95% CI ). Ferrante, Dodesco, Miribelli and Magnani, Cancer Mortality and Incidence of Mesothelioma in a Cohort of Wives of Asbestos Workers in Casale, Monferrato, Italy, Environ Health Perspect, 115: (2007). See also Reid, Heyworth, N De Klerk, and Musk, The Mortality of Women Exposed Environmentally and Domestically to Blue Asbestos at Wittenoom, Western Australia, Occup Environ Med, 65: (2008) which found mortality from lung cancer was not significantly associated with cumulative asbestos exposure in a cohort of women environmentally and domestically exposed to Crocidolite fiber in Wittenoom, Australia. The authors note that other studies that have examined communities environmentally exposed to asbestos have also failed to report an excess risk of mortality from lung cancer. Id. at 748 (citing Hammond, Garfinkel and Selikoff, Mortality Experience of Residents in the Neighborhood of an Asbestos Factory, Annals of NY Acad Sci, 330: (1979); Camus, et al, Non-Occupational Exposure to Chrysotile Asbestos and the Risk of Lung Cancer, N Eng J Med, 338(22): (1998). In summary, the following points should be emphasized: 1) There clearly have been mesotheliomas caused by household exposure to asbestos brought home on the work clothes of asbestos workers. In the vast majority of instances, the occupations involved are those associated with heavy exposure to asbestos, including asbestos cement factories, insulators and shipyard workers. 2) The vast majority of household exposure mesotheliomas are pleural and not peritoneal. For example, in the cohort of women and girls documented to have lived in the blue asbestos mining and milling township of Wittenoom between 1942 and 1992 who were not involved in asbestos mining and milling, all of the mesotheliomas in the females were pleural. In contrast, there were a number of peritoneal mesotheliomas in the miners and millers of blue asbestos at Wittenoom. 3) The number of asbestos-related household exposure mesotheliomas is dramatically declining. 4) Almost all asbestos-related household contact/mesotheliomas involved exposure to commercial amphibole fiber. Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 11

12 5) The majority of asbestos-related household contact mesotheliomas occurred in female spouses, although an appreciable number occurred in daughters as well. A much smaller number occurred among sons, and any alleged household contact mesothelioma in a male today should be approached with a considerable amount of skepticism. 6) Given the low%age of female mesotheliomas which are asbestos-related in the United States, it can be very difficult to conclusively link the incidence of disease in a household member with a para-occupational exposure to asbestos, unless lung burden data are collected and linked with workplace exposures of the primary worker. Donovan, et al, supra at ) There is no proof that lung cancer risks are elevated as a result of household asbestos exposures. 8) Always keep in mind that it is likely that the vast majority of asbestos-induced diseases in the industrialized world are caused by occupational rather than non-occupational asbestos exposure (International Agency for Research on Cancer, 1987; McDonald and McDonald, 1996; Committee on Asbestos, 2006). Goldberg and Luce, The Health Impact of Non-Occupational Exposure to Asbestos: What do we Know? European Journal of Cancer Prevention, 18:489,490 (2009) For quotes in chronological order from the most relevant literature addressing household exposures, please see Appendix 2. B. Mesotheliomas in Children Are Not Asbestos-Related Mesothelioma in children is extremely rare but does exist. Children are by definition too young to have had the required minimum latency for development of asbestos-related mesothelioma. Existence of these tumors in childhood demonstrates the fact that mesotheliomas do happen outside exposure to asbestos. An interesting study by Cooper et al provided a population based incidence rate of childhood mesothelioma in the United States. The study discussed other potential etiologic factors in the development of mesothelioma. Radiation for prior malignancies is the predominant etiology. The article listed 15 radiation-related mesothelioma cases which have been reported in adults, three of which followed radiation therapy for Wilms tumor during childhood. (Wilms tumor is a tumor of the kidneys which usually develops by age five, but may occur rarely in the fetus and in later life.) Unfortunately, the precise role of radiation in the induction of mesothelioma remains unknown. The paper also notes that INH administered in high doses to rats and mice has shown to induce tumors of the lung, liver, lymph nodes, and other sites, and may induce pulmonary tumors in offspring when administered to pregnant animals. There is one report of a mesothelioma reported in a nineyear-old boy whose mother had been given INH during pregnancy. This article concluded that: Mesothelioma in children, as well as in adults, is likely to have a multi-factorial etiology. Radiation, prenatal medications, and genetic factors are all possible etiologic agents in childhood mesothelioma. In addition, other, as of yet unspecified environmental factors may play a role in this disease. (Italics in original) Cooper, S.P., Fraire, A.E., Buffler, P.A., and Greenberg, S.D., Epidemiologic Aspects of Childhood Mesothelioma, Pathol. Immunopathol. Res., 8(1989): See also Fraire, Cooper, Greenberg, Buffler and Langston, Mesothelioma of Childhood, Cancer, 62: (1988) ( The available evidence does not support a causal relationship between malignant mesothelioma and asbestos... ) at p Asbestos Medicine November 2013

13 C. A Significant Percentage of Mesothelioma Cases Have No Known Cause and Are Termed Idiopathic It is undisputed that idiopathic mesotheliomas exist. For instance, Roughly 20% to 40% of patients with malignant mesotheliomas have experienced no recognized asbestos exposure, and the disease is believed to be spontaneous. Craighead, J.E., Pathology of Environmental and Occupational Disease, 468, (St. Louis: Mosby, 1995). The present report intends to demonstrate that mesotheliomas can be, and are caused by substances other than asbestos and, indeed, may also arise spontaneously. Ilgren, E.B. and Wagner, J.C., Background Incidence of Mesothelioma: Animal and Human Evidence, Regula tory Toxicology and Pharmacology, 13(1991): Accepted causes of mesothelioma are listed in Table Table 10.6 Accepted Causes of Malignant Mesothelioma: Asbestos Erionite (only in parts of Turkey) Therapeutic radiation Severe pleural scarring Idiopathic Churg and Green, Pathology of Occupational Lung Diseases, 2d ed., 349, Baltimore: Williams and Williams, 1998). Between 60 and 95% of pleural mesotheliomas in women cannot be attributed to either occupational or domestic (non-occupational) asbestos exposure (Spirtas 1994; Rake 2009; Gun 1995; McDonald 1980; Muscat 1991; Tuomy 1991; Wright 1984). For example, the National Cancer Institute s case-control study published in 1994 estimated that the Sugarbaker risk for exposure to asbestos and mesothelioma was 23% for both pleural and peritoneal mesothelioma combined. Today, very few, if any, peritoneal mesotheliomas in women are asbestos-related. For example, a case-control study of peritoneal mesotheliomas at the Washington Cancer Institute, a major referral center for peritoneal mesothelioma, found no association between asbestos exposure and peritoneal in women. (Sugarbaker 2003). Set forth below are some quotable quotes from the medical and scientific literature on idiopathic incidence rates of mesothelioma, both pleural and peritoneal: Berrill, J., et al., Peritoneal Mesothelioma, British Journal of Hospital Medicine, 71(5): , The association between asbestos exposure and peritoneal disease is less strong and in the case of pleural mesothelioma, with only 50% of patients with peritoneal mesothelioma having a history of asbestos exposure, as opposed to 80% in pleural disease (Bridda et al., 2007). (p. 290). Carbone, M., Dodson, R., et al., Malignant Mesothelioma: Facts, Myths and Hypotheses, Journal of Cellular Pathology, 227: 44-58, It is estimated that about 50-80% of pleural MM in men and about 20-30% in women developed in individuals whose history indicates asbestos exposure(s) above that expected from most background setting. pg. 44. Moolgavkar, S.H., et al., Pleural and Peritoneal Mesotheliomas in SEER: Age Effects and Temporal Trends, , Cancer Causes and Control, 20: , Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 13

14 This observation suggests that asbestos exposure was responsible for only a minor fraction of peritoneal mesotheliomas in SEER over the period Spirtas, et al. reported that about 58% of peritoneal mesotheliomas among men in their study population were attributable to asbestos exposure. For females, they were unable to estimate separate attributable fractions for pleural and peritoneal mesotheliomas, but reported that the attributable fraction for both sites combined was 23%. Our results here suggest that, at least in the SEER data over the period of observation, the attributable fraction for male peritoneal mesotheliomas was lower than that reported by Spirtas. pg. 7. With the standard population used in this paper, the age-adjusted background peritoneal mesothelioma rate is approximately 1 per million individuals per year, as indicated in Figure 1. pg. 8. For pleural mesotheliomas, background rates are more difficult to estimate because there have been secular trends among both men and women. The secular trends among men are clearly dominated by the use of asbestos in the work place, although other factors could also be at play. Among women, birth cohort effects have risen modestly while period effects have declined leading to age-adjusted incidence rates that have remained more or less constant over the period of this study at about 3 per million individuals per year. This observation suggests that, even if some fraction of female cases can be attributed to asbestos exposure, the background rates are between 2 and 3 per million individuals per year. If the pathogenesis of spontaneous pleural mesotheliomas is similar in men and women, a not unreasonable assumption, this range of estimates can be taken to represent estimates of the background rate of pleural mesothelioma in men as well. Thus, the background rates of pleural mesotheliomas appear to be approximately 2-3 times higher than the background rates of peritoneal mesothelioma. pg. 8. Background incidences and life-time probabilities of mesothelioma at both sites appear to be similar in men and women with these rates for pleural mesothelioma being 2-3 times higher than those for peritoneal mesothelioma. pg. 9. Allen Gibbs and John Craighead, Chapter 8 Malignant Diseases of the Pleura, Peritoneum, and other Serosal Surfaces, Craighead and Gibbs, Asbestos and its Diseases 190 (Oxford University Press 2008). Although a strong link between malignant mesothelioma and amphibole asbestos exposure is established, not all cases are etiologically related to asbestos. In the adult male population, 20-40% of malignant mesothelioma are idiopathic, and in women in the United States, the incidence of spontaneous idiopathic malignant mesothelioma exceeds 50%. It has been estimated that about 20%-40% of MM occurring in the United States are idiopathic and appear to develop spontaneously despite an intensive search for the cause. (p. 196). Pathologists recognize spontaneously developing MM long before the commercial exploitation of asbestos; the first idiopathic legion was diagnosed in the mid-1800s. There is evidence for a background rate of MM and this has been estimated at about 1-8 cases per million per year. Support for this conclusion comes from several sources: (1) the constancy of risk over time for MM in females in the United States; (2) cases of MM in which there is no history of exposure to asbestos and lung asbestos fiber burdens are not elevated; (3) the spontaneous occurrence in children in adolescence. (p. 196). Overall, attributable risk of MM due to asbestos exposure was lower for the peritoneum (58%) than the pleura (88%) in men in the United States. Cases of peritoneal MM in men are documented when there is no recognized amphibole asbestos exposure. (p. 212). 14 Asbestos Medicine November 2013

15 Teta, M.J., et al., US Mesothelioma Patterns : Indicators of Change and Insights Into Background Rates, European Journal of Cancer Prevention, 17: , Rates for persons with little or no opportunity for occupational asbestos exposure were 1.15 (95% confidence interval: ) for men and 0.94 (95% confidence interval: ) for women. pg In Tables 2 and 3, we restrict mesothelioma rates to the birth cohort and to diagnoses made in , which fixes age to be years at diagnosis. This permits an examination of rates for men and women who were unlikely to have experienced asbestos exposure and therefore are demonstrating a background rate for this age group of about 1 per million, similar to the estimate of McDonald and McDonald (1985). pg Whereas McDonald (1985) examined rates before the onset of asbestos-related diseases to estimate background, we examined rates that represent background upon the termination of asbestos exposures. pg The slightly higher estimated background rates in males may be because of residual occupational asbestos exposures, such as remodeling of old homes, replacement of old furnaces, or demolition work without following safe work practices after The background rates for those under the age of 30 years seem to be well under 1 per million, suggesting increasing background rates with age. pg Determination of whether the background rate of mesothelioma at older ages (50+ years) is also about 1 per million or perhaps greater because of susceptibility of an ageing population must await future SEER statistics. pg Given the estimated 3300 cases of mesothelioma per year in the US population of approximately 300 million..., upwards of 300 (1 per million) annually may be unrelated to asbestos exposure. Cases unrelated to asbestos exposure may reflect spontaneous cases, a small proportion of cases because of therapeutic radiation (Teta, et al, 2007), and/or cases because of unrecognized causes. pg Antman, K., et al., Update on Malignant Mesothelioma, Oncology, 19(10): , About 50% to 70% of mesotheliomas are associated with exposure to asbestos. at 1301 Weill, H., et al., Changing Trends in US Mesothelioma Incidence, Occupational and Environmental Medicine, 61: , It should be appreciated that not all malignant mesotheliomas are associated with asbestos exposure. The vast majority of mesotheliomas in men in the USA (approximately 90%) are of pleural origin, and 90% or more of these tumours are caused by asbestos. pg Even in men, only 50-60% of peritoneal tumours are related to asbestos exposure. pg. 440 In women the ratio of pleural to peritoneal tumours is about 2:1 and only about 20% of all mesotheliomas in women in the United States can be reasonably linked to past asbestos exposure. pg It is likely that in fact most cases of mesothelioma in women represent the background (nonasbestos related) incidence of this disease. pg Price, B., et al., Mesothelioma Trends in the United States: An Update Based on Surveillance, Epidemiology, and End Results Program Data for 1973 Through 2003, American Journal of Epidemiology, 159: , Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 15

16 If all female cases of mesothelioma were unrelated to asbestos exposure, our analysis indicates that...the current annual risk would be approximately 4 per million (over 5 per million if the population at risk is aged 20 years). These background risk levels would be upper bounds if a portion of female cases of mesothelioma were due to occupational, domestic, or unique high environmental exposures. pg On the basis of the differences between cases of mesothelioma in males and females, an adjustment to the background rates suggested above for females would be required if they were to be applied for males. For example, if all peritoneal mesotheliomas in females were excluded, the annual background rate for males would be 83% of the background rate for females. pg Filiberti, R., et al., Epidemiology of Pleural Mesothelioma in Italy, Lung Cancer, 45S:S25-S27, It is known that approximately 20% of MM cases occur in individuals with no history of asbestos exposure and only a small% of exposed individuals develop the disease. pg. S26. Montanaro, F., et al., Pleural Mesothelioma Incidence in Europe: Evidence of Some Deceleration in the Increasing Trends, Cancer Causes and Control, 14: , The association between asbestos exposure and pleural mesothelioma (PM) is well established. The background incidence of PM (without asbestos exposure) is estimated to be about 1-2 cases per million per year. pg 791. In the industrialized world, about 80% of malignant PM develop in individuals with higher than background levels of exposure to asbestos. pgs Although asbestos is considered to be the principal cause of mesothelioma, no exposure to asbestos fibres is detectable in a proportion of mesothelioma patients. It was estimated by Roggli, et al. that some 20% of mesotheliomas occur in persons with no history of asbestos exposure; however, we can not exclude that the long latency time may play a role in the masking of past exposures. pg Bignon, J., et al., History and Experience of Mesothelioma in Europe, Chapter 2 In: Robinson, B.W.S., et al., London: Martin Dunitz, pgs , A major concern is the significance of mesothelioma cases without any definite occupational asbestos exposure, which represent around 25-30% of the total. pg. 37. Hillerdal, G., Mesothelioma: Cases Associated with Non-Occupational and Low Dose Exposures, Occupational and Environmental Medicine, 56: , There might exist a background level of mesothelioma occurring in the absence of exposure to asbestos, but there is no proof of this and this natural level is probably much lower than the 1-2/million/year which has been often cited. pg Craighead, J.E., Airways and Lungs, in Pathology of Environmental and Occupational Disease, Craighead, J.E., (ed.), Mosby: St. Louis, pgs , Roughly 20% to 40% of patients with malignant mesotheliomas have experienced no recognized asbestos exposure, and the disease is believed to be spontaneous. (p. 468). Spirtas, R., et al., Malignant Mesothelioma: Attributable Risk of Asbestos Exposure, Occupational and Environmental Medicine, 51: , Among men with pleural mesothelioma the attributable risk (AR) for exposure to asbestos was 88%.... pg Asbestos Medicine November 2013

17 For men, the AR of peritoneal cancer was 58%.... pg For women (both sites combined), the AR was 23%.... pg The large differences in AR by sex are compatible with the explanations: a lower background incidence rate in women, lower exposure to asbestos, and greater misclassification among women. pg As the incidence of mesothelioma among women (about three cases per million women per year for all primary sites combined) is much lower than among men and has remained reasonably constant over time, it is possible that the incidence in women may be close to the background level. Alternatively, exposure to asbestos is lower and misclassification of exposure may be greater among women, which would also reduce their AR. pg Mesothelioma was not significantly associated with asbestos exposure among women in our study, although the OR forever exposed women was 2.7. Although over 50% of the female cases reported some exposure to asbestos, the number of female cases was small, and women were less likely than men to be employed in jobs expected to have the highest exposure to asbestos, such as shipbuilding and insulation work. pgs Scully, R.E., et al., Case Records of the Massachusetts General Hospital, New England Journal of Medicine, 323(10): , Case involved 42 year old woman with a diagnosis of diffuse malignant mesothelioma of pleura and peritoneum, with metastases to lymphatics, lymph nodes, and lungs. When cases of mesothelioma from large institutions are reviewed, however, 20 to 30% of the patients give no history of exposure to asbestos or have no evidence of asbestos exposure at autopsy or at biopsy. (p. 663). Several of my colleagues and I have reviewed the cases of mesothelioma seen at this hospital since that diagnosis was first made by the Department of Pathology in the early 1950s. We have reviewed 115 cases of pleural or peritoneal mesothelioma, or both. There has been a marked increase in the number of cases over the years; there were only 3 cases before 1950, 2 or 3 cases were diagnosed per year in the 1960s, and at present 10 or more cases are diagnosed annually. In our review, the outstanding finding was the fact that 30% or more of the patients with a mesothelioma gave no history of exposure to asbestos and on pathological examination had no evidence of asbestos fibers in the lungs or other changes consistent with exposure to asbestos. Therefore, one must conclude that not all mesotheliomas result from exposure to asbestos. (p. 663) (emphasis added). It is not possible to say whether the patient had appreciable exposure to asbestos, but on the basis of our experience, it is probable that the mesothelioma of the pleura was not related to asbestos. (p. 662). Hasan, F.M., et al., Asbestos Exposure and Related Neoplasia: The 28-year Experience of a Major Urban Hospital, American Journal of Medicine, 65: , The study population includes all 49 patients seen at the Massachusetts General Hospital through Cases were identified by computer review of the diagnosis during discharge of the study period and included 17 cases in which an associated mesothelioma had been previously reported. Nineteen patients with mesothelioma and had no exposure to asbestos by history and who, on histological examination had no evidence of asbestosis were not included. (p. 649). Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 17

18 D. The Lack of Pleural Plaques May Indicate That a Mesothelioma Is Not Asbestos-Related Pleural plaques, when asbestos-related, are a sensitive marker of asbestos exposure, even at low levels of exposure. A number of researchers have opined that plaques occur after light exposures. For instance: Distinctive circumscribed plaques of dense fibrous tissue, deposited at specific sites in the parietal pleura are a unique and sensitive marker of asbestos exposure. The exposure threshold for plaque development is relatively low. Craighead, supra, at 468. The autopsy serves an additional important function in that it allows examination of the lungs for evidence of exposure to asbestos and asbestosis... The presence or absence of fibrous plaques on the parietal or diaphragmatic pleura should be noted since this is also closely linked with exposure to asbestos and has been dubbed the visiting (or calling ) card of asbestos. Evidence based on these observations is of great epidemiologic importance and may be crucial in litigation. McCaughey et al, Tumors and Pseudotumors of the Serous Membranes, Atlas of Tumor Pathol., 2d series, 70, 1985; and Battifora and McCaughey, Tumors of the Serosal Membranes, Atlas of Tumor Pathol., 3d series, 76, Pleural plaques are regarded as the visiting card of asbestos, and they serve as a useful marker to draw the attention of radiologist and pathologist to the possibility of asbestos ex posure in those patients in whom they are found. Jones, J.S.P., Pathology of the Mesothelium, 111, (London: Springer-Verlag, 1987). These data agree well with the epidemiological observations that pleural plaques often occur in individuals with brief, intermittent, or low-level asbestos exposure. Roggli, Oury, Sporn, Pathology of Asbestos Associated Diseases, 178, (New York: Springer). Plaques occur in workers with exposure to amphiboles and to chrysotile. Studies of fiber bur den in such cases consistently show that plaques occur at fiber levels considerably greater than that carried by the general population but much lower than are seen in cases of asbestosis. Churg, A. and Green, F., Pathology of Occupational Lung Disease, 2d ed., 297, (Baltimore: Williams & Williams, 1998). E. Pleural Plaques Can Be Found in a Majority of Persons with Mesothelioma A number of researchers findings show that over 50% of persons who have mesothelioma also have plaques. These opinions are useful when a plaintiff with mesothelioma shows no asbestos signs, including plaques. For instance, in a British study of workers in a shipyard, the authors found 28 mesotheliomas: Pleural plaques were present on the radiographs of 20 patients and at autopsy in two more. Edge, J., Asbestos Related Disease in Barrow-in-Furness, Environmental. Research, 11(1976): Hirsch et al s study covered 36 mesothelioma cases with exposures ranging from definite heavy to persons without past asbestos exposure. Controlateral asbestos-related radiological signs were present in 13 out of the 17 asbestos exposed cases, and absent in 9 out of the 10 unexposed cases. 18 Asbestos Medicine November 2013

19 Hirsch, A., et al., Features of Asbestos-Exposed and Unexposed Mesothelioma, Am. J. of Indus. Medicine, 3(1982): In a study of asbestos-related and non-asbestos related mesothelioma patients at Massachusetts General Hospital, all of the patients with a history of asbestos exposure had some indicia of exposure to asbestos. Seventy-six% (76%) had pleural plaques. Hasan, Nash, and Kazemi, The Significance of Asbestos Exposure in the Diagnosis of Mesothelioma: A 28-year Experience from a Major Urban Hospital, Am. Review of Respiratory Disease, 115(1997): In their published paper on the analysis of asbestos fiber burden in the lung tissue of 55 mesothelioma patients, Drs. Dodson and Hammar, et al. found pleural plaques in 39 of 44 cases in which such information was available (the information was unavailable in 11 cases). Dodson, et al., Analysis of Asbestos Fiber Burden in Lung Tissue from Mesothelioma Patients, Ultrastructural Pathology, 21:321, 327(1997). There is also evidence that pleural plaques, when asbestos-related, are likely related to amphibole exposure rather than chrysotile exposure. See generally, Churg and DePaoli, Environmental Pleural Plaques in Residents of a Quebec Chrysotile mining town, Chest, 94:58(1988), ( These observations suggest that environmental pleural plaques in this region of Quebec are probably caused by exposure to tremolite derived from local soil and rock... ); Graham W. Gibbs, Etiology of Pleural Calcification: A Study of Quebec Chrysotile Asbestos Miners and Millers, Arch Environ Health, 76-82(March/April 1979) ( It appears highly unlikely that chrysotile asbestos itself is responsible for the pleural calcifications, but rather a mineral closely associated with it. p. 82) F. To Attribute a Mesothelioma to Asbestos, the Household Member s Exposure Must Be Significant Wives of insulators who washed their husbands clothes for many years and developed mesothelioma had significant exposures. In Churg s chapter, Asbestos-Related Diseases, which appears at page 890 in Churg, Myers, et al., Thurlbeck s Pathology of the Lung, 3rd Ed., (New York: Thieme, 1995), he states, It should be appreciated that these types of exposures are not low level in the sense this term is currently used; in fact, mineral analysis of some reported cases has indicated that the exposures may have been fairly substantial. The literature in this section profiles exposures which are not trivial or occasional. At trial, the issue is likely to be whether the exposure was significant. If the plaintiff has plaques, or elevated fiber counts in lung tissue, the exposure clearly was significant. Does a daily visitor to a home of a worker in a bystander trade receive a significant exposure? Does the daughter of a woman whose mother worked at an auto parts store selling (among other things) asbestos brake linings receive a significant exposure? The plaintiffs attorney would say yes, but the literature on household mesothelioma cases generally supports the opposite view. However, some literature is problematic because it fails to define significant. For instance, the socalled Helsinki Criteria, framed at the International Expert Meeting on Asbestos, Asbestosis, and Cancer in January 1997 is such a document. This meeting, attended by many Finnish researchers, as well as Dr. John Dement, Dr. Victor Roggli and others, produced a paper with state-of-the-art criteria for diagnosis of disorders of the lung and pleura and their attribution with respect to asbestos. For mesothelioma, the criteria are: A lung fiber count exceeding the background range for the laboratory in question or the presence of radiographic or pathological evidence of asbestos-related tissue injury (e.g., asbestosis or pleural plaques) or histopathologic evidence of abnormal asbestos content (e.g., asbestos bod- Defending Household, Building, and Neighborhood Exposure Cases... Bishop et al. 19

20 ies in histologic sections of lung) should be sufficient to relate a case of pleural mesothelioma to asbestos exposure on a probability basis. In the absence of such markers, a history of significant occupational, domestic, or environmental exposure to asbestos will suffice for attribution. There is evidence that peritoneal mesotheliomas are associated with higher levels of asbestos exposure than pleural mesotheliomas are. In some circumstances, exposures such as those occurring among household members may approach occupational levels. Consensus Report, Asbestos, Asbestosis, and Cancer: The Helsinki Criteria for Diagnosis and Attribution, Scandinavian J. of Work, Environ and Health, 23(1997): These criteria leave open the question of what significant means, and it fails completely to address the issue of fiber type. As previously discussed, most household contacts are wives or children of insulators or others who had heavy asbestos exposure at work. Roggli et al. s chapter, Mesothelioma in Women, in Anatomic Pathology, 2(1997):147-63, has a table on page 150 profiling women with mesothelioma. The household contacts have husbands or fathers with jobs like insulator pipecoverer pipefitter, and amosite asbestos plant worker. See also Miller (2005); Marchevesky, et al (2006). G. Summary Just because a plaintiff claims exposure through household exposure by a parent or sibling does not make the allegation true. The vast majority of the medical and scientific literature shows that: 1) the person bringing the fibers into the household needs to have had a substantial exposure; 2) there are other causes of mesothelioma; 3) a certain number of mesotheliomas at this time appear to be background and idiopathic, especially in women; 4) even when the person who allegedly brought the fibers home worked in an occupation which gave him or her substantial exposures to asbestos fibers, defenses such as inadequate latency, lack of fi bers above background, and other causes should be explained. (See Sections VI, VII, VIII and IX.) III. Exposures in Buildings A number of asbestos-related claims have arisen, especially in mesothelioma cases, based on supposed exposure to in-place asbestos in buildings. These cases include allegations that mesotheliomas were caused by the mere presence of persons in a school containing asbestos building materials of one form or another. The same is true in office buildings. In these cases there is no substitute for thorough discovery into the identity and condition of the claimed products. In schools, ever since the AHERA requirements have been in existence, school administrations have been required to do inventories and inspections of their potential asbestos containing products and are required also to submit periodic reports. In other environments, frequently OSHA inspection reports are available. With out this type of information, defendants are at a clear disadvantage. However, once the lawyer has knowledge of the claimed products, and a history of installation, abatement, disturbance, and reconstruction is in hand, a defense attorney can go forward with a great deal of helpful material in the medical, scientific, and government literature. Lawyers in the asbestos property damage litiga tion have much to offer here as well. 20 Asbestos Medicine November 2013

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